CRIMINAL LAW ASPECTS OF COMBATING CORRUPTION

Abstract

The article examines the issues of criminal law in combating manifestations of corruption. The author draws attention to the problems of legislative and law enforcement nature that exist in this area and suggests possible ways to solve them. It is proposed to supplement Article 44 of the Criminal Code of Ukraine with Part Three: “Exemption from criminal liability for corruption criminal offenses or criminal offenses related to corruption, in cases provided for by this Section, shall occur only in accordance with the requirements of Article 49 of this Code”; to transfer to Article 44 of the Criminal Code of Ukraine the Note, which is currently contained in Article 45 of the Criminal Code of Ukraine; to exclude from Articles 45-48 references to corrupt acts; p. 3 of the Notes to Article 354 should be worded as follows: “A proposal in Articles 354, 368, 368-3-370 should be understood as an expression of intention to provide an illegal benefit to an employee of an enterprise, institution or organization, a person providing public services or an official (as well as other information about the possibility of providing an illegal benefit), and a promise should be an expression of such intention (or other information) with notification of the time, place, and method of providing an illegal benefit; in Articles 354, 368, 368-3, 368-4 of the Criminal Code of Ukraine, along with “request”, also indicate “a requirement to provide an illegal benefit in the absence of signs of its extortion”; supplement the Note to Art. 354, paragraph 3-1: “A request in Articles 354, 368, 368-3, 368-4 means bringing to another person information about the expediency of providing an unlawful benefit, devoid of a categorical nature”; paragraph 5 of the Notes shall be worded as follows: “In Articles 354, 368, 368-3, 368-4 of this Code, the demand for an unlawful benefit shall be understood as a demand to provide an unlawful benefit with a threat of committing actions or inaction using one’s position, granted powers, authority, official position in relation to the person providing the unlawful benefit, or persons close to him, or the intentional creation of conditions under which a person is forced to provide an unlawful benefit in order to prevent harmful consequences for one’s rights and legitimate interests or for the rights and legitimate interests of persons close to him”; add to Part 5 Art. 354 of the Criminal Code of Ukraine indicating the exemption of a person from criminal liability for cases of providing an unlawful benefit, if an unlawful benefit was demanded from him.